Court No. - 58
Case :- WRIT - A No. - 7385 of 2018 Petitioner :- Pashupat Mishra Respondent :- State Of U.P. And Another Counsel for Petitioner :- P.K. Upadhyay Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner has applied for appointment against the post of Assistant Teacher in the recruitment exercise initiated for filling up 68500 vacancies of Assistant Teacher. The process was initiated vide Government Order dated 9.1.2018 and a schedule for making application was also provided. Petitioner admittedly had filled his application form. Petitioner had scored 936 marks out of 1800, but due to inadvertent error, a zero digit was added after 1800, and as a result whereof petitioner is treated to have secured less than 33% marks, whereas his marks were 52%. It appears that the respondents later issued a notification permitting correction in the online forms, and the last date for the purpose was specified as 15.2.2018. Petitioner submits that he has made necessary request for making correction in the online application form, but the defect has not been rectified.
While entertaining the writ petition, this Court passed following orders on 8th March, 2018:-
"Heard Shri P.K. Upadhyay, learned counsel for the petitioner, Shri Anurag Srivastava, learned Standing Counsel for the State respondents.
The precise case has been set up that the petitioner has scored 936 out of 1800 marks in the Graduation and as such his percentile is more than 52% and only on account of error in the computer, integer number for Graduation has been mentioned as 18000 instead of 1800 and the candidature of the petitioner has been turned down on the ground that he has scored less than 33% marks in the graduation and as such, in the light of the judgement passed in the case of Sanjay Raj vs. State of U.P. and others 2013 (2) ADJ 558, this Court should come to the rescue and reprieve of the petitioner.
Confronted with this situation, Shri Anurag Srivastava, learned Standing Counsel prays for and is accorded a day's time to seek instructions in the matter.
Put up this matter tomorrow in Additional Cause List."
Sri Vivek Rai, learned Additional Chief Standing Counsel, has obtained instructions from the Examination Regulatory Authority dated 8th March, 2018, as per which petitioner had applied for correction on 15.2.2018, but he had not corrected the marks as was required. His marks continues to be shown as 936 out of 18000 instead of 1800. It is stated that petitioner comes from a remote area, and despite his endeavours, complete correction could not be carried out.
Learned counsel for the petitioner states that the process of conducting examination is in initial stages, and no prejudice would be caused to the respondents, in case the correction is allowed to be made in the online application form.
In the facts and circumstances, this Court finds that there is an inadvertent omission in filling up of the form and the petitioner has made an attempt to have it rectified. No dates for holding of examination has been announced so far. In such circumstances, if the petitioner is permitted to correct his online application form, no prejudice would be caused to the respondents.
In the facts and circumstances, this writ petition stands disposed of with a direction upon the respondent no.2 to allow the petitioner to make necessary correction, and the graduation marks secured by the petitioner would be permitted to be out of 1800, as against 18000 inadvertently mentioned in the form. The required action shall be taken within a period of two weeks from the date of presentation of certified copy of this order.
Order Date :- 24.4.2018 Anil